§ 13A-7-4.1 — Criminal Trespass by Motor Vehicle

Alabama § 13A-7-4.1

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 7: Offenses Involving Damage to and Intrusion Upon Property
• Art. 1: Burglary and Criminal Trespass

Text

(a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a uniformed law enforcement officer or by a properly identified owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if:
(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces, then by at least one such sign for every 150 parking spaces, each such sign shall be substantially as follows:
Notice
Private Property
Entry restricted to our tenants, their customers, employees and invitees. Remaining after proper use is prohibited. Violators may be charged with trespassing.
Owner of Shopping Center
(2) And the motor vehicle is parked, is standing, or is being operated other than for the purpose of:
a. Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;
b. Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;
c. Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or
d. Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.
(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine:
(1) Not to exceed $50.00 for the first such offense;
(2) Not to exceed $100.00 for the second such offense; and
(3) Not to exceed $150.00 for the third or subsequent such offense.

Legislative History

(Acts 1990, No. 90-664, p. 1280, §§1, 2.)